Mr. Justice S.K. Dubey, President—The two appeals arise out of order dated 14.10.1999 passed in Case No. 17/1997 by the District Consumer Disputes Redressal Forum, Guna (for short the ‘District Forum’)

2. Facts of the case in brief are that the complainant Balchand brought his wife Kusum Bai to the opposite party Dr. Pradeep Kayal who is running his own Kayal Nursing Home in Ashoknagar town of District Guna. The doctor prescribed some medicines and also suggested ultra sonography test of abdomen. The sonography report revealed that there was intestinal T.B. and advised operation of the intestine. The patient Smt. Kusum Bai was admitted in Kayal Nursing Home on 2.8.1996 and on 3.8.1996 operation was performed and the defective part of the intestine measuring about 6 inches was removed. On 14.8.1996 the patient was discharged. It is alleged that the patient was not fully recovered but the opposite party Doctor relieved her. When she came to her home, her condition deteriorated, therefore, on 16.8.1996 on the advice of Doctor, the patient was taken to Gokuldas Hospital of Indore where she died on 17.8.1996.

3. It is alleged by the complainant that the opposite party Doctor Pradeep